Tuesday, January 19, 2010

Same sex marriage advocates on why they should be worried about their case against California's Proposition 8

Opponents of California's Proposition 8 are worried that their case against the measure--which overturned the attempt to impose same-sex marriage on Californians--could lead to legal disaster for their movement:
Attorney Charles Cooper, a Reagan-era veteran who is well known to the justices, filed an emergency appeal last weekend urging them to block all video coverage of the trial — even if it were limited to a few courthouses in California. By Monday morning, the high court had granted the appeal and ordered a halt to any video coverage outside the courthouse.

Legal experts on the left and right gleaned three insights from the high court intervention:

First, the justices are following this case closely. They typically rule on appeals after cases are decided. It is rare for them to intervene in a pending trial.

Second, the court’s conservatives do not trust Walker to set fair rules for proceedings. Their opinion described how he had given shifting explanations of his plans. This suggests Walker’s ruling on Proposition 8 may be viewed with some skepticism.

And third, the majority has a distinct sympathy for the foes of same-sex marriage. The justices cited a series of newspaper stories reporting on the threats and harassment faced by those who have publicly opposed gay unions.

Read the rest here.

I never thought I'd say it, but let's hope the gay rights groups are right on this one.

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